Bad Faith Insurance Cancellation: Insurer Liability for Retaliatory Practices After Claims Are Filed
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss wrongful insurance policy cancellation leading to bad faith, policyholder rights and remedies, and insurer perspectives. The program will also offer possible solutions if an insurer refuses to renew coverage in retaliation for the policyholder's successfully enforcing its rights under the policy.
Outline
- Insurer right to cancel
- Timing
- Procedure and prerequisites
- Effective date of cancellation
- Badges of wrongful cancellation and bad faith
- Potential claims
- Parties entitled to assert bad faith and assignment of bad faith claims
- Burdens of proof
- Evidence
- Damages
- State unfair trade practices statutes
- Retaliatory nonrenewal
- Reinstatement
Benefits
The panel will discuss these and other key issues:
- What makes a cancellation or non-renewal "wrongful"?
- Does an insurer act in bad faith if it cancels or refuses to renew a policy in retaliation for lawful policyholder action?
- Are there circumstances when an insurer must reinstate a policy that was canceled due to policyholder error or ignorance?
Faculty
Katherine E. Tammaro
Partner
Wilson Elser
Ms. Tammaro has nearly 25 years of experience representing insurance companies in complex coverage matters throughout... | Read More
Ms. Tammaro has nearly 25 years of experience representing insurance companies in complex coverage matters throughout the country, including professional liability; specialty lines, including media-specific policies; D&O and EPLI; environmental; advertising; personal injury; product liability, including asbestos and chemical exposures; and construction defect cases. She also handles numerous claims of bad faith and improper claims handling. As a co-chair of Wilson Elser’s Pro Bono Committee, Ms. Tammaro oversees the continued effectiveness of the firm’s pro bono program and is committed to advancing its objectives. She has authored numerous articles on insurance coverage topics, including analysis of the pollution exclusions; allocation of defense and indemnity costs; advertising and personal injury claims handling practices; additional insured and contractual indemnification issues; targeted tender and occurrence concerns; discovery and technology topics such as discovery of electronic data and privilege in general and in bad faith cases; professional liability policies, including claims made, coverage for mold under liability and property policies; construction defects under liability and property policies, including OCIPs; and homeowners and auto claims issues. Ms. Tammaro has spoken at numerous ACI, PLRB, DRI and Mealey’s conferences throughout the country on these topics.
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Mark R. Vespole
Partner
Wilson Elser
Mr. Vespole is a trial lawyer who also counsels and represents financial institutions, insurers and corporations and... | Read More
Mr. Vespole is a trial lawyer who also counsels and represents financial institutions, insurers and corporations and their employees in high-profile cases. He draws on Wilson Elser’s deep resources and national footprint to handle large, multijurisdictional and complex cases expeditiously and cost effectively. Mr. Vespole combines sophisticated legal strategies with the firm’s professional support to handle large-scale document processing and its technology resources to streamline communications and facilitate case management.
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